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Sps. Miller And Adelie Serondo vs CA, RP and Jose Gulmatico

SPS. MILLER AND ADELIE SERONDO, petitioners, vs. THE COURT OF APPEALS, REPUBLIC OF THE PHILIPPINES, represented by the SECRETARY OF AGRICULTURE AND THE DIRECTOR OF FISHERIES AND AQUATIC RESOURCES, AND JOSE GULMATICO, respondents.

G.R. No. 126828 | 2002-01-30

D E C I S I O N

PARDO, J.:

The Case

The case is an appeal via certiorari from the decision of the Court of Appeals[1] that set aside the orders of the Regional Trial Court, San Carlos City, Negros Occidental, Branch 57, that denied the Republic's motion to dismiss the complaint for certiorari[2] but likewise ordered the dismissal of the aforementioned complaint.

The Facts

The subject property is a portion of the public domain, containing an area of about ten (10) hectares, which was the subject of a fishpond conflict between respondent Jose Gulmatico and Carmen Claro, who took over the contested fishpond area from spouses Benjamin Suison and...